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-2- <br />Issues: 1. The FLSA defines a work week as a <br />regularly recurring set of seven <br />consecutive days...". The City's <br />Personnel Code defines a work week as <br />the five day period of Monday through <br />Friday. <br />To bring the Personnel Code into com- <br />pliance, a work week should be defined <br />as the seven day period of Saturday <br />through Friday. <br />2. Compensating time which negates the <br />requirement of paying overtime must <br />be taken as straight time during the <br />work week in which the excess hours <br />have occurred or time and one-half <br />during the second work week of the <br />two week pay period if the employee <br />is paid on a salary basis. Chapter <br />6.31, subdivisions 4 and 5 are not <br />clearly in conflict with the FLSA, <br />but are also not wholly in agreement. <br />Changes that will be necessary are, r <br />a. Subdivision 4 provides that compen•-- <br />satory time may be given in <br />exchange for overtime when agreed <br />to. This should be changed to add <br />that it must also be in compliance <br />with FLSA. <br />b. Subdivision 4(a) and (b) defines <br />when overtime is earned. This <br />should be changed to state that <br />overtime is earned when the employees <br />work more than 40 hours during a <br />work week. <br />c. Subdivision 5 defines "Compensatory <br />Time Off." This should be modified <br />to define the different rules for <br />compensatory time depending upon <br />whether the employee is exempt or <br />nonexempt. <br />d. Subdivision 7, Weekend Duty, no <br />longer fits within our current oper- <br />ational mode and would not comply <br />with FLSA requirements. ThereforFll <br />it should be deleted. <br />